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PA Bulletin, Doc. No. 97-73

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 89]

Adopting Amendments to the Rules and Procedures of the Board relating to Continuing Education Requirements Before Reinstatement; Order No. 49

[27 Pa.B. 288]

   In this Order, The Disciplinary Board of the Supreme Court of Pennsylvania is adopting amendments to its Rules of Organization and Procedure to clarify the existing provision in the Rules of the Board at 204 Pa. Code § 89.279 regarding the continuing legal education courses that must be completed before a petition for reinstatement is filed.

   A formerly admitted attorney who has been disbarred or suspended for more than one year or who has been on inactive status for more than three years is required by 204 Pa. Code § 89.279(a) to complete a minimum number of continuing legal education courses before petitioning for reinstatement. When that requirement was adopted, it was at a time when the Pennsylvania Continuing Legal Education Board had not yet been established. As a result, the current rule refers only to courses offered by the Pennsylvania Bar Institute. The rule amendments adopted by this Order eliminate the reference to the Pennsylvania Bar Institute so that courses offered by other providers approved by the Continuing Legal Education Board may also be accepted by the Disciplinary Board. In order to give the Disciplinary Board flexibility to adjust its requirements to the courses being offered at the time, the rule amendments adopted by this Order also eliminate from § 89.279(c) the list of course subjects that must be taken.

   A Notice of Proposed Rulemaking regarding the changes being adopted by this Order was published in the Pennsylvania Bulletin on August 3, 1996. No comments were received in response.

   The Disciplinary Board of the Supreme Court of Pennsylvania hereby finds that the amendments to the Rules of Organization and Procedure of the Board adopted hereby are not inconsistent with the Pennsylvania Rules of Disciplinary Enforcement and are necessary and appropriate for the administration of the affairs of the Board.

   The Board, acting pursuant to Rule 205(c)(10) of the Pennsylvania Rules of Disciplinary Enforcement, orders:

   (1)  Title 204 of the Pennsylvania Code is hereby amended as set forth in Annex A hereto.

   (2)  The Secretary of the Board shall duly certify this Order, and deposit the same with the Administrative Office of Pennsylvania Courts as required by Pa.R.J.A. 103(c).

   (3)  The amendments adopted hereby shall take effect upon publication in the Pennsylvania Bulletin and shall apply to all reinstatement proceedings thereafter commenced and, insofar as just and practical, to proceedings pending at the time.

   (4)  This order shall take effect immediately.

By The Disciplinary Board of the Supreme Court of Pennsylvania

ELAINE BIXLER,   
Secretary

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

CHAPTER 89.  FORMAL PROCEEDINGS

Subchapter F.  REINSTATEMENT AND RESUMPTION OF PRACTICE

REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS

§ 89.279.  Evidence of competency and learning in law.

   (a)  General rule. Except as provided in subsection (b), in order to permit the Board to determine under Enforcement Rule 218 (relating to reinstatement) whether a formerly admitted attorney who has been disbarred or suspended for more than one year or who has been on inactive status for more than three years possesses the competency and learning in the law required for reinstatement to practice in this Commonwealth, such a formerly admitted attorney shall within one year preceding the filing of the petition for reinstatement take (and prior to hearing on the petition, complete) courses [or lectures] meeting the requirements of the current schedule [of subjects] published by the Office of the Secretary under subsection (c).

*      *      *      *      *

   (c)  [Schedule of subjects] Publication of schedule. At least annually the Office of the Secretary shall publish in the Pennsylvania Bulletin a schedule of the minimum [number and type of Pennsylvania Bar Institute courses and lectures which] amount, type and subjects of continuing legal education courses that will satisfy the requirements of subsection (a). [Except as otherwise provided in the currently published schedule, courses or lectures on the following subjects will satisfy the requirements of subsection (a):

   (1)  Estate planning, creditor's remedies and bankruptcy, civil litigation, business law, administration of estates, consumer transactions, real estate transactions, and family law; or

   (2)  in place of any two of the courses or lectures in the preceding paragraph, criminal procedure, or criminal trial techniques.]

*      *      *      *      *

[Pa.B. Doc. No. 97-73. Filed for public inspection January 17, 1997, 9:00 a.m.]


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